§ 11. Enforcement. 1. Whenever in the judgment of the commission any
person has engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of any provision of section
ten of this act, the commission may make application to the supreme
court for an order enjoining such acts or practices, or for an order
enforcing compliance with such provision, or for an order directing the
landlord to correct the violation, and upon a showing by the commission
that such person has engaged or is about to engage in any such acts or
practices a permanent or temporary injunction, restraining order, or
other order shall be granted without bond. Jurisdiction shall not be
deemed lacking in the supreme court because the defense is based upon an
order of an inferior court.

2. Any person who wilfully violates any provision of section ten of
this act, and any person who makes any statement or entry false in any
material respect in any document or report required to be kept or filed
under this act or any regulation, order, or requirement thereunder, and
any person who wilfully omits or neglects to make any material statement
or entry required to be made in any such document or report, shall, upon
conviction thereof, be subject to a fine of not more than five thousand
dollars, or to imprisonment for not more than two years in the case of a
violation of subdivision three of section ten and for not more than one
year in all other cases, or to both such fine and imprisonment. Whenever
the commission has reason to believe that any person is liable to
punishment under this subdivision, the commission may certify the facts
to the district attorney of any county having jurisdiction of the
alleged violation, who shall cause appropriate proceedings to be
brought.

3. Any court shall advance on the docket and expedite the disposition
of any criminal or other proceedings brought before it under this
section.

4. No person shall be held liable for damages or penalties in any
court, on any grounds for or in respect of anything done or omitted to
be done in good faith pursuant to any provision of this act or any
regulation, order, or requirement thereunder, notwithstanding that
subsequently such provision, regulation, order, or requirement may be
modified, rescinded, or determined to be invalid. In any action or
proceeding wherein a party relies for ground of relief or defense or
raises issue or brings into question the construction or validity of
this act or any regulation, order, or requirement thereunder, the court
having jurisdiction of such action or proceeding may at any stage
certify such fact to the commission. The commission may intervene in any
such action or proceeding.

5. If any landlord who receives rent from a tenant violates a
regulation or order prescribing the maximum rent with respect to the
housing accommodations for which such rent is received from such tenant,
the tenant paying such rent may, within two years from the date of the
occurrence of the violation, except as hereinafter provided, bring an
action against the landlord on account of the overcharge as hereinafter
defined. In such action, the landlord shall be liable for reasonable
attorney's fees and costs as determined by the court, plus whichever of
the following sums is the greater: (a) Such amount not more than three
times the amount of the overcharge, or the overcharges, upon which the
action is based as the court in its discretion may determine, or (b) an
amount not less than twenty-five dollars nor more than fifty dollars, as
the court in its discretion may determine; provided, however, that such
amount shall be the amount of the overcharge or overcharges or
twenty-five dollars, whichever is greater, if the defendant proves that
the violation of the regulation or order in question was neither willful
nor the result of failure to take practicable precautions against the
occurrence of the violation. As used in this section, the word
"overcharge" shall mean the amount by which the consideration paid by a
tenant to a landlord exceeds the applicable maximum rent. If any
landlord who receives rent from a tenant violates a regulation or order
prescribing maximum rent with respect to the housing accommodations for
which such rent is received from such tenant, and such tenant either
fails to institute an action under this subdivision within thirty days
from the date of the occurrence of the violation or is not entitled for
any reason to bring the action, the commission may institute an action
on behalf of the state within such two-year period. If such action is
instituted by the commission, the tenant affected shall thereafter be
barred from bringing an action for the same violation or violations. Any
action under this subdivision by either the tenant or the commission, as
the case may be, may be brought in any court of competent jurisdiction.
Recovery, by judgment or otherwise, in an action for damages under this
subdivision shall be a bar to the recovery under this subdivision of any
recovery, by judgment or otherwise, in any other action against the same
landlord on account of the same overcharge or overcharges prior to the
institution of the action in which such recovery of damages was
obtained. Where recovery by judgment or otherwise is obtained in an
action instituted by the commission under this subdivision, there shall
be paid over to the tenant from the moneys recovered, one-third of such
recovery, exclusive of costs and disbursement or the amount of the
overcharge or overcharges, whichever is the greater.

6. If any landlord who receives rent from a tenant violates any order
containing a directive that rent collected by the landlord in excess of
the maximum rent be refunded to the tenant within thirty days, the
commission may, within one year after the expiration of such thirty day
period or after such order shall become final by regulation of the
commission, bring an action against the landlord on account of the
failure of the landlord to make the prescribed refund. In such action,
the landlord shall be liable for reasonable attorney's fees and costs as
determined by the court, plus whichever of the following sums is the
greater: (a) Such amount not more than three times the amount directed
to be refunded, or the amount directed to be refunded, upon which the
action is based as the court in its discretion may determine, or (b) an
amount not less than twenty-five dollars nor more than fifty dollars, as
the court in its discretion may determine; provided, however, that such
amount shall be the amount directed to be refunded or twenty-five
dollars, whichever is greater, if the defendant proves that the
violation of the order in question was neither willful nor the result of
failure to take practical precautions against the occurrence of the
violation. If the commission fails to institute such action within
thirty days from the date of the occurrence of the violation, the tenant
paying such rent may thereafter institute an action for the same
violation within such one year period, and the liability of the landlord
in such action by the tenant shall be the same as if such action were
brought by the commission. If such action is instituted by the
commission, the tenant affected shall thereafter be barred from bringing
an action for the same violation. Any action under this subdivision by
either the commission or the tenant, as the case may be, may be brought
in any court of competent jurisdiction. Recovery by judgment or
otherwise in an action under this subdivision based on the failure of
the landlord to make the prescribed refund, shall be a bar to recovery
under this subdivision of any recovery, by judgment or otherwise, from
the same landlord in any other action instituted on account of the same
violation, prior to the institution of the action in which such recovery
is obtained. Where recovery by judgment or otherwise, is obtained in an
action instituted by the commission under this subdivision, there shall
be paid over to the tenant from the moneys recovered one-third of such
recovery, exclusive of costs and disbursements, or the amount of the
prescribed refund, whichever is greater.

7. Any tenant who has vacated his housing accommodations because the
landlord or any person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct (including, but not
limited to, interruption or discontinuance of essential services) which
interfered with or disturbed or was intended to interfere with or
disturb the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within ninety days after
vacating, apply to the commission for a determination that the housing
accommodations were vacated as a result of such conduct, and may, within
one year after such determination, institute a civil action against the
landlord by reason of such conduct. In such action the landlord shall be
liable to the tenant for three times the damages sustained on account of
such conduct plus reasonable attorney's fees and costs as determined by
the court. In addition to any other damages the cost of removal of
property shall be a lawful measure of damages.